Project No 75
Total Page：16
File Type：pdf, Size：1020Kb
Load more
Recommended publications
-
Oxford Scholarship Online
Uses, Wills, and Fiscal Feudalism University Press Scholarship Online Oxford Scholarship Online The Oxford History of the Laws of England: Volume VI 1483–1558 John Baker Print publication date: 2003 Print ISBN-13: 9780198258179 Published to Oxford Scholarship Online: March 2012 DOI: 10.1093/acprof:oso/9780198258179.001.0001 Uses, Wills, and Fiscal Feudalism Sir John Baker DOI:10.1093/acprof:oso/9780198258179.003.0035 Abstract and Keywords This chapter examines property law related to uses, wills, and fiscal feudalism in England during the Tudor period. It discusses the conflict between landlords and tenants concerning land use, feoffment, and land revenue. The prevalence of uses therefore provoked a conflict of interests which could not be reduced to a simple question of revenue evasion. This was a major problem because during this period, the greater part of the land of England was in feoffments upon trust. Keywords: fiscal feudalism, land use, feoffments, property law, tenants, wills, landlords ANOTHER prolonged discussion, culminating in a more fundamental and far-reaching reform, concerned another class of tenant altogether, the tenant by knight-service. Here the debate concerned a different aspect of feudal tenure, the valuable ‘incidents’ which belonged to the lord on the descent of such a tenancy to an heir. The lord was entitled to Page 1 of 40 PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2014. All Rights Reserved. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a monograph in OSO for personal use (for details see http://www.oxfordscholarship.com/page/privacy-policy). -
Magna Carta and the Development of the Common Law
Magna Carta and the Development of the Common Law Professor Paul Brand, FBA Emeritus Fellow All Souls College, Oxford Paper related to a presentation given for the High Court Public Lecture series, at the High Court of Australia, Canberra, Courtroom 1, 13 May 2015 Magna Carta and the Development of the Common Law I We are about to commemorate the eight hundredth anniversary of the granting by King John on 15 June 1215 of a ‘charter of liberties’ in favour of all the free men of his kingdom [of England] and their heirs. That charter was not initially called Magna Carta (or ‘the Great Charter’, in English). It only acquired that name after it had been revised and reissued twice and after the second reissue had been accompanied by the issuing of a separate, but related, Charter of the Forest. The revised version of 1217 was called ‘The Great Charter’ simply to distinguish it from the shorter, and therefore smaller, Forest Charter, but the name stuck. To call it a ‘charter of liberties’ granted by king John to ‘all the free men of his kingdom’ of England is, however, in certain respects misleading. The term ‘liberty’ or ‘liberties’, particularly in the context of a royal grant, did not in 1215 bear the modern meaning of a recognised human right or human rights. ‘Liberty’ in the singular could mean something closer to that, in the general sense of the ‘freedom’ or the ‘free status’ of a free man, as opposed to the ‘unfreedom’ of a villein. ‘Liberties’, though, were something different (otherwise known as ‘franchises’), generally specific privileges granted by the king, particular rights such as the right to hold a fair or a market or a particular kind of private court, the right to have a park or a rabbit warren which excluded others from hunting or an exemption such as freedom from tolls at markets or fairs. -
What the Crown May Do
WHAT THE CROWN MAY DO 1. It is now established, at least at the level of the Court of Appeal (so that Court has recently stated)1, that, absent some prohibition, a Government minister may do anything which any individual may do. The purpose of this paper is to explain why this rule is misconceived and why it, and the conception of the “prerogative” which it necessarily assumes, should be rejected as a matter of constitutional law. 2. The suggested rule raises two substantive issues of constitutional law: (i) who ought to decide in what new activities the executive may engage, in what circumstances and under what conditions; and (ii) what is the scope for abuse that such a rule may create and should it be left without legal control. 3. As Sir William Wade once pointed out (in a passage subsequently approved by the Appellate Committee2), “The powers of public authorities are...essentially different from those of private persons. A man making his will may, subject to any rights of his dependants, dispose of his property just as he may wish. He may act out of malice or a spirit of revenge, but in law this does not affect his exercise of power. In the same way a private person has an absolute power to release a debtor, or, where the law permits, to evict a tenant, regardless of his motives. This is unfettered discretion.” If a minister may do anything that an individual may do, he may pursue any purpose which an individual may do when engaged in such activities. -
Charter Constitutionalism: the Myth of Edward Coke and the Virginia Charter*
Boston College Law School Digital Commons @ Boston College Law School Boston College Law School Faculty Papers 7-2016 Charter Constitutionalism: The yM th of Edward Coke and the Virginia Charter Mary Sarah Bilder Boston College Law School, [email protected] Follow this and additional works at: https://lawdigitalcommons.bc.edu/lsfp Part of the Constitutional Law Commons, Legal History Commons, and the State and Local Government Law Commons Recommended Citation Mary Sarah Bilder. "Charter Constitutionalism: The yM th of Edward Coke and the Virginia Charter." North Carolina Law Review 94, no.5 (2016): 1545-1598. This Article is brought to you for free and open access by Digital Commons @ Boston College Law School. It has been accepted for inclusion in Boston College Law School Faculty Papers by an authorized administrator of Digital Commons @ Boston College Law School. For more information, please contact [email protected]. 94 N.C. L. REV. 1545 (2016) CHARTER CONSTITUTIONALISM: THE MYTH OF EDWARD COKE AND THE VIRGINIA CHARTER* MARY SARAH BILDER** [A]ll and every the persons being our subjects . and every of their children, which shall happen to be born within . the said several colonies . shall have and enjoy all liberties, franchises and immunities . as if they had been abiding and born, within this our realm of England . .—Virginia Charter (1606)1 Magna Carta’s connection to the American constitutional tradition has been traced to Edward Coke’s insertion of English liberties in the 1606 Virginia Charter. This account curiously turns out to be unsupported by direct evidence. This Article recounts an alternative history of the origins of English liberties in American constitutionalism. -
Draft Legislation (Wales) Bill
Number: WG34368 Welsh Government Consultation Document Draft Legislation (Wales) Bill Date of issue : 20 March 2018 Action required : Responses by 12 June 2018 Mae’r ddogfen yma hefyd ar gael yn Gymraeg. This document is also available in Welsh. © Crown Copyright Overview This document sets out the Welsh Government’s proposals to improve the accessibility and statutory interpretation of Welsh law, and seeks views on the Draft Legislation (Wales) Bill. How to respond Please send your written response to the address below or by email to the address provided. Further information Large print, Braille and alternative language and related versions of this document are available on documents request. Contact details For further information: Office of the Legislative Counsel Welsh Government Cathays Park Cardiff CF10 3NQ email: [email protected] telephone: 0300 025 0375 Data protection The Welsh Government will be data controller for any personal data you provide as part of your response to the consultation. Welsh Ministers have statutory powers they will rely on to process this personal data which will enable them to make informed decisions about how they exercise their public functions. Any response you send us will be seen in full by Welsh Government staff dealing with the issues which this consultation is about or planning future consultations. In order to show that the consultation was carried out properly, the Welsh Government intends to publish a summary of the responses to this document. We may also publish responses in full. Normally, the name and address (or part of the address) of the person or 1 organisation who sent the response are published with the response. -
Australian Capital Territory
AUSTRALIAN CAPITAL TERRITORY Imperial Acts Application Ordinance 1986 No. 93 of 1986 I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Ordinance under the Seat of Government (Administration) Act 1910. Dated 18 December 1986. N. M. STEPHEN Governor-General By His Excellency’s Command, LIONEL BOWEN Attorney-General An Ordinance relating to the application in the Territory of certain Acts of the United Kingdom Short title 1. This Ordinance may be cited as the Imperial Acts Application Ordinance 1986.1 Commencement 2. (1) Subject to this section, this Ordinance shall come into operation on the date on which notice of this Ordinance having been made is published in the Gazette. (2) Sub-section 4 (2) shall come into operation on such date as is fixed by the Minister of State for Territories by notice in Gazette. (3) Sub-section 4 (3) shall come into operation on such date as is fixed by the Minister of State for Territories by notice in the Gazette. Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Imperial Acts Application No. 93 , 1986 2 Interpretation 3. (1) In this Ordinance, unless the contrary intention appears—“applied Imperial Act” means— (a) an Imperial Act that— (i) extended to the Territory as part of the law of the Territory of its own force immediately before 3 September 1939; and (ii) had not ceased so to extend to the Territory before the commencing date; and (b) an Imperial Act, other than an Imperial -
For Reference Use Only
b559M Ui,,,i,%'ERSjTY OFGRLENYSa ' LýERARY FORREFERENCE USEONLY UNIVERSITY OF GREENWICH GREENWICH MARITIME INSTITUTE THE SEAFARER, PIRACY AND THE LAW A HUMAN RIGHTS APPROACH P. G. Widd BSc, MA Master Mariner A Thesis submitted in partial fulfilment of the requirements of Doctor of Philosophy of the University of Greenwich May 2008 Vol V\j UINIv tiTY OFGREENWICH LIBRARY FORRFFFRFPICF ! 1SF ÖNl Y ACKNOWLEDGEMENTS With thanks to the following: ProfessorA. D. Couper for much helpful "pilotage" advice, keeping this thesis on course. P. Mukundan of the International Maritime Bureau for answering my questions with good humour and supplying me with the piracy reports. Brigadier(Retd) B. A. H. Parritt CBE for allowing me to share in small measure his expertise on security. III ABSTRACT been Piracy at seahas existed almost since voyaging began and has effectively Navy in 1stC subduedfrom time to time, principally by the Roman Imperial the and the British Navy in the 19thC. Over the past twenty five years piracy has once again been increasing such that it has now become of serious concern to the maritime bears brunt community, in particular the seafarer,who as always the of these attacks. developed from In parallel with piracy itself the laws of piracy have the Rhodian Laws through Roman Law, post Treaty of Westphalia Law both British and Convention American until today the Law of Piracy is embodied in the United Nations be of the Law of the Sea (UNCLOS) of 1982. Under this Law piracy can only committed on the high seasand with UNCLOS increasing the limit of the territorial seafrom 3m1.to 12ml. -
The Development of English Company Law Before 1900
A Service of Leibniz-Informationszentrum econstor Wirtschaft Leibniz Information Centre Make Your Publications Visible. zbw for Economics Turner, John D. Working Paper The development of English company law before 1900 QUCEH Working Paper Series, No. 2017-01 Provided in Cooperation with: Queen's University Centre for Economic History (QUCEH), Queen's University Belfast Suggested Citation: Turner, John D. (2017) : The development of English company law before 1900, QUCEH Working Paper Series, No. 2017-01, Queen's University Centre for Economic History (QUCEH), Belfast This Version is available at: http://hdl.handle.net/10419/149911 Standard-Nutzungsbedingungen: Terms of use: Die Dokumente auf EconStor dürfen zu eigenen wissenschaftlichen Documents in EconStor may be saved and copied for your Zwecken und zum Privatgebrauch gespeichert und kopiert werden. personal and scholarly purposes. Sie dürfen die Dokumente nicht für öffentliche oder kommerzielle You are not to copy documents for public or commercial Zwecke vervielfältigen, öffentlich ausstellen, öffentlich zugänglich purposes, to exhibit the documents publicly, to make them machen, vertreiben oder anderweitig nutzen. publicly available on the internet, or to distribute or otherwise use the documents in public. Sofern die Verfasser die Dokumente unter Open-Content-Lizenzen (insbesondere CC-Lizenzen) zur Verfügung gestellt haben sollten, If the documents have been made available under an Open gelten abweichend von diesen Nutzungsbedingungen die in der dort Content Licence (especially Creative Commons Licences), you genannten Lizenz gewährten Nutzungsrechte. may exercise further usage rights as specified in the indicated licence. www.econstor.eu QUCEH WORKING PAPER SERIES http://www.quceh.org.uk/working-papers THE DEVELOPMENT OF ENGLISH COMPANY LAW BEFORE 1900 John D. -
Future Interests in Property in Minnesota Everett Rf Aser
University of Minnesota Law School Scholarship Repository Minnesota Law Review 1919 Future Interests in Property in Minnesota Everett rF aser Follow this and additional works at: https://scholarship.law.umn.edu/mlr Part of the Law Commons Recommended Citation Fraser, Everett, "Future Interests in Property in Minnesota" (1919). Minnesota Law Review. 1283. https://scholarship.law.umn.edu/mlr/1283 This Article is brought to you for free and open access by the University of Minnesota Law School. It has been accepted for inclusion in Minnesota Law Review collection by an authorized administrator of the Scholarship Repository. For more information, please contact [email protected]. MINNESOTA LAW REVIEW FUTURE INTERESTS IN PROPERTY IN MINNESOTA "ORIGINALLY the creation of future interests at law was greatly restricted, but now, either by the Statutes of Uses and of Wills, or by modern legislation, or by the gradual action of the courts, all restraints on the creation of future interests, except those arising from remoteness, have been done away. This practically reduces the law restricting the creation of future interests to the Rule against Perpetuities,"' Generally in common law jurisdictions today there is but one rule restricting the crea- tion of future interests, and that rule is uniform in its application to real property and to personal property, to legal and equitable interests therein, to interests created by way of trust, and to powers. In 1830 the New York Revised Statutes went into effect in New York state. The revision had been prepared by a commis- sion appointed for the purpose five years before. It contained a code of property law in which "the revisers undertook to re- write the whole law of future estates in land, uses and trusts .. -
Enumerating Old Themes? Berle’S Concept of Ownership and the Historical Development of English Company Law in Context
Enumerating Old Themes? Berle’s Concept of Ownership and the Historical Development of English Company Law in Context Lorraine E. Talbot† I. INTRODUCTION Neither the claims of ownership nor those of control can stand against the paramount interests of the community. It remains only for the claims of the community to be put forward with clarity and force.1 This radical statement encapsulates one of the key themes of Adolf Berle’s work: stockholders no longer had a role in the corporation that entitled them to extensive claims in the corporation. Heralded in The Modern Corporation, his reconceptualization of the nature of ownership in the context of shareholding was based on empirical data on the mas- sive level of share dispersal in America’s largest corporations.2 Stock- holders had become too numerous and too dispersed to exercise control over “their” corporation. Instead, managers—the paid employees of the company—controlled the corporations. In this new arrangement, where business was dominated by management-controlled organizations as op- posed to owner-controlled organizations—a shift dubbed by Berle as a “revolution”3—new guiding principles for corporations needed to be drawn. In this new corporate order the state was required to take the lead to achieve a morally correct balance of interests, a balance which rele- † Associate Professor of Law, Warwick University, U.K. This paper is the first of two free-standing papers; the forthcoming paper will show how the marginalization of shareholder interests was only briefly achieved through wider social reforms and did not necessarily result from shifts in ownership and control. -
Limited Liability: a Pathway for Corporate Recklessness?
LIMITED LIABILITY: A PATHWAY FOR CORPORATE RECKLESSNESS? Igho Lordson Dabor PhD SEPTEMBER 2016 LIMITED LIABILITY: A PATHWAY FOR CORPORATE RECKLESSNESS? By Igho Lordson Dabor A thesis submitted in partial fulfilment of the requirement of the University of Wolverhampton for the degree of Doctor of Philosophy September, 2016 Faculty of Social Sciences University of Wolverhampton Law School This work or any part therefore has not previously been presented in any form to the University or any other body whether for the purposes of assessment, publication or for any other purposes (unless otherwise indicated). Save for any express acknowledgements, references and/or bibliographies cited in the work, I confirm that the intellectual content of this work is the result of my own efforts and of no other person. The right of Igho Lordson Dabor to be identified as author of this work is asserted in accordance with ss.77 and 78 of the Copyright, Design and Patents Act 1988. At this date, the author owns copyright. Signature: …………………………………………… Igho Lordson Dabor Date: …………………………………………………. Dedication DEDICATION I dedicate this work first of all to the Almighty God, creator of heaven and earth, who has been my rock, my strength, and my salvation and to my lovely wife Mrs Adefolawe Yetunde Dabor and our lovely and wonderful children Joshua Omoyode Dabor, and Esther Avwerosuoghene Dabor. Dedication i Acknowledgement ACKNOWLEDGEMENT I extend my gratitude to the almighty God who gave me the grace, and ability to complete this work. I also extend my gratitude to all in the University Of Wolverhampton Law School who provided a fantastic environment in which to work and learn. -
Fourteenth Report: Draft Statute Law Repeals Bill
The Law Commission and The Scottish Law Commission (LAW COM. No. 211) (SCOT. LAW COM. No. 140) STATUTE LAW REVISION: FOURTEENTH REPORT DRAFT STATUTE LAW (REPEALS) BILL Presented to Parliament by the Lord High Chancellor and the Lord Advocate by Command of Her Majesty April 1993 LONDON: HMSO E17.85 net Cm 2176 The Law Commission and the Scottish Law Commission were set up by the Law Commissions Act 1965 for the purpose of promoting the reform of the Law. The Law Commissioners are- The Honourable Mr. Justice Brooke, Chairman Mr Trevor M. Aldridge, Q.C. Mr Jack Beatson Mr Richard Buxton, Q.C. Professor Brenda Hoggett, Q.C. The Secretary of the Law Commission is Mr Michael Collon. Its offices are at Conquest House, 37-38 John Street, Theobalds Road, London WClN 2BQ. The Scottish Law Commissioners are- The Honourable Lord Davidson, Chairman .. Dr E.M. Clive Professor P.N. Love, C.B.E. Sheriff I.D.Macphail, Q.C. Mr W.A. Nimmo Smith, Q.C. The Secretary of the Scottish Law Commission is Mr K.F. Barclay. Its offices are at 140 Causewayside, Edinburgh EH9 1PR. .. 11 THE LAW COMMISSION AND THE SCOTTISH LAW COMMISSION STATUTE LAW REVISION: FOURTEENTH REPORT Draft Statute Law (Repeals) Bill To the Right Honourable the Lord Mackay of Clashfern, Lord High Chancellor of Great Britain, and the Right Honourable the Lord Rodger of Earlsferry, Q.C., Her Majesty's Advocate. In pursuance of section 3(l)(d) of the Law Commissions Act 1965, we have prepared the draft Bill which is Appendix 1 and recommend that effect be given to the proposals contained in it.